NSW Caselaw
Reported Decision : 65 NSWLR 92
New South Wales Court of Appeal
CITATION: Masters v Garcia [2005] NSWCA 287
HEARING DATE(S): 19 July 2005
JUDGMENT DATE: 26 August 2005
JUDGMENT OF: Tobias JA at 1; Basten JA at 18; Campbell AJA at 107
DECISION: 1. Order that the orders and declarations numbered 1, 2 and 4-9 in the Court below entered on 28 May 2005 be set aside; 2. Direct that the parties indicate in writing what further orders should be made or further steps taken to dispose of the appeal, within 7 days; 3. Grant liberty to the parties to apply to Basten JA if further time is required to comply with the foregoing direction.
CATCHWORDS: Poker machine entitlements under Gaming Machines Act 2001 - whether entitlements capable of being held on trust - whether former holder of hotelier's licence could retain the benefit of the transferability of poker machine entitlements - whether entitlements capable of being severed from hotelier's licence - whether lessor of hotel premises had a financial interest in the hotelier's licence for the purposes of s19 of the Gaming Machines Act
Gaming Machines Act 2001 (NSW) Liquor Act 1982 Lotteries and Art Unions Act 1901 Gaming and Betting Act 1912 LEGISLATION CITED: Unlawful Gambling Act 1998 Liquor (Amendment) Act 1993 Liquor and Registered Clubs Legislation Further Amendment Act 1996 Registered Clubs Act 1976 Evidence Act 1995 (NSW)
Jabetin Pty Ltd v Liquor Administration Board & Ors [2005] NSWCA 92 University of Wollongong v Metwally (No. 2) (1985) 59 ALJR 481 Hypec Electronics Pty Ltd (In liq) v Mead (2004) NSWCA 221 Whitehouse v BHP Steel Ltd (2004) NSWCA 428 Jack v Smail (1905) 2 CLR 684 Slatter v Railway Commissioners (NSW) (1931) 45 CLR 68 CASES CITED: Wonall Pty Ltd v Clarence Property Corporation Ltd (2002) 58 NSWLR 23 Yanner v Eaton (1999) 201 CLR 351 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Solution 6 Holdings Ltd v Industrial Relations Commission (2004) 60 NSWLR 558 R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100
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